In an article published on October 22, 2024, Harness IP Associate Michael Kella and Principal Brad Luchsinger discussed what patent owners need to know about marking requirements.

“If the patent owner makes or sells a patented physical product and does not ‘mark’ as required, then the patent owner cannot collect monetary damages from an infringer until it either (1) sues the infringer or (2) provides actual notice of its patent rights to the infringer by sending a letter or other correspondence,” Kella and Luchsinger explained.  

The attorneys emphasize that patent owners should look into the marking requirement and what they might miss out on if they fail to address this statute. “So take inventory of your patents and the products they cover. If your patents claim physical products, ensure that you are marking your covered products in one of the three ways discussed above. And consider making it a practice to regularly check that your patented products stay in compliance,” Kella and Luchsinger wrote.

The full article may be accessed here.